United States Court of Appeals for the Ninth Circuit
786 F.3d 733 (2015)
Cindy Garcia (plaintiff) was cast for a role in an action film set in Saudi Arabia. She spoke two sentences for her part. The film’s director dubbed over Garcia’s five-second appearance with a voice saying, “Is your Mohammad a child molester?” The director then produced a trailer for an anti-Islam film called Innocence of Muslims that he posted to YouTube. Innocence of Muslims sparked protests and violence in the Middle East and provoked death threats against the film’s directors and actors, including Garcia. Garcia asked Google, Inc. (Google) (defendant) to remove the film from Google’s YouTube platform. Google did not remove the film. Garcia sued Google for copyright infringement and filed motions for a temporary restraining order and preliminary injunction against Google. The district court denied the motion for a preliminary injunction. The court explained that Garcia had failed to show that she would suffer irreparable harm if the video remained on YouTube while Garcia waited for a final ruling because Innocence of Muslims had already been on YouTube for five months. Additionally, the district court found that Garcia was unlikely to prevail on her copyright claim. Garcia appealed. A panel of the Ninth Circuit Court of Appeals reversed, granting Garcia the preliminary injunction and ordering Google to remove the film from YouTube. The Ninth Circuit panel reasoned that death threats constituted irreparable harm, and that Garcia was likely to prevail on her copyright claim. The Ninth Circuit then granted a rehearing by the entire court of appeals en banc.
Rule of Law
Holding and Reasoning (McKeown, C.J.)
Dissent (Kozinski, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.